Administrative Rules

VALUE STATEMENT 

The Austin Community College District offers an environment where students’ rights are respected and responsibilities are recognized.  Students are invited to be active members of the education community.  Opportunity for students to examine and question information and assumptions of a given discipline, guided by the evidence of scholarly research, is appropriate in a learning environment.  This value is accompanied by an equally demanding responsibility on the part of the student. 

ADMINISTRATIVE RULE 

Student Standards of Conduct & Disciplinary Process 

Acceptable standards of conduct include behavior that: 

• Reflects the highest level of honesty and integrity,

• Is civil, courteous, and respectful of all members of the campus community, their property, and the property of the college,

• Encourages responsibility and prohibits the unlawful use of alcohol, illicit drugs, other substances, and weapons, and

• Promotes mutual respect, equality, and safety of its members and opposes those acts that harass, intimidate, or haze its members.  

By enrolling at ACC, students agree to abide by the college’s Student Standards of Conduct.  These standards also establish disciplinary procedures for students accused of violating those standards.  The Student Standards of Conduct and Disciplinary Process is published in the Student Handbook and Administrative Rules.

1.       Student Rights 

1.A      Course expectations

Austin Community College students are guaranteed certain rights as citizens of the college community.  Students have the right to receive a detailed syllabus within the first week of class for each course in which they enroll.  Each syllabus should include course policies, instructor expectations, and grading standards.  Students have the right to timely academic evaluation that is consistent and without prejudice.  Students have the right to expect instructors to post and maintain office hours. 

1.B      Due process

Students have the right to due process in regard to any complaint or disciplinary action brought against them.  College disciplinary procedures respect the due process rights of students. 

2.       Student Responsibilities 

A student attending ACC or an ACC-sponsored event assumes responsibility for conduct compatible with the mission of the college as an educational institution.  Although ACC is dedicated to an open, free society, some actions are inappropriate in an institution of higher education.  Students who commit infractions pertaining to any of the following areas are subject to disciplinary action:        

2.A      Academic dishonesty

2.A.01        Students have the responsibility to submit coursework that is the result of their own thought, research, or self-expression.  The following are guidelines to assist students in avoiding academic dishonesty:

·         Students must do their own work and submit only their own work on examinations, reports, and projects, unless otherwise permitted by the instructor. Students are encouraged to contact their instructor about appropriate citation guidelines.

·         Students must follow all instructions given by instructors or designated college representatives when taking examinations, placement assessments, tests, quizzes, and evaluations.

2.A.02        Actions constituting violations of academic dishonesty include, but are not limited to, the following:

a.     Plagiarism:  Defined as taking another person’s intellectual work and using it as one’s own; for example, this includes quoting without giving proper credit to a source, expanding another person’s work without giving credit to that person, or submitting another person’s work under the pretense that it is one’s own.

b.     Cheating:  The use of unauthorized materials, information, or study aids; an act of deceit by which a student attempts to misrepresent academic skills or knowledge; or unauthorized copying or collaboration.

c.     Fabrication:  Intentional and unauthorized falsification or invention of any information or citation in an academic exercise.

d.     Collusion:  Knowingly helping another individual violate any provision of the Academic Dishonesty guidelines. Collusion includes assistance with assignments or tests that are not authorized by the instructor.

e.     Falsifying institutional records or other legal or source documents:  Includes altering grades, either written or electronic, or other falsification of academic records such as application for admission, grade reports, test papers, registration materials, and reporting forms used by the college. 

2.B      Misuse of college computers and other electronics

Students have the responsibility to adhere to rules regarding the use of college computers and other electronic resources.  Specific violations include, but are not limited to, the following:

2.B.01        Installing or modifying any software or hardware without approval

2.B.02        Violating the rights of others, including that of privacy

2.B.03        Attempting to infiltrate unauthorized networks or systems, or attempting to damage or alter software, hardware, or data

2.B.04        Deliberately disrupting or interfering with others' approved use of information systems

2.B.05        Violating license restrictions or copyrights

2.B.06        Producing advertisements or solicitations for non-college-related purposes

2.B.07        Using any ACC computer, facility, equipment, software, network, or other resource, including email, for any activity other than that for which access or use was assigned or authorized

2.B.08        Using any college computer, facility, equipment, software, network, or other resource, including email, to commit or attempt to commit acts prohibited under college policy and/or applicable federal, state, or local laws 

2.C      Misconduct

Students have the responsibility not to impair, interfere with, or obstruct the orderly conduct, process, or function of the college or any of its students, faculty, staff, or guests.  Threatening acts, direct or implied, concerning harm to others, weapons, and/or explosives will be taken seriously.  Specific violations include, but are not limited to, the following:

2.C.01        Acting in a manner that significantly interferes with any ACC teaching, administrative, disciplinary, public service, or other authorized activity inside or outside the classroom

2.C.02        Acting in a manner that endangers the health, safety, or welfare of others at ACC, including at ACC off-campus events

2.C.03        Destroying, damaging, misusing, or defacing of college property

2.C.04        Interfering with the freedom of movement of another person

2.C.05        Interfering with the right of another to enter, use, or leave any college building, facility, property, service, resource, or activity

2.C.06        Refusing to comply with the directions of a college official, including campus police, in the performance of his or her duty.

2.C.07        Violation of any ACC policy

2.C.08        Possessing and/or using ACC keys/cards without authorization

2.C.09        Providing false or misleading information to the college or its representatives

2.C.10        Falsely reporting, by any means, the presence of an explosive, incendiary device, fire, or other safety hazard

2.C.11        Failing to obey a summons or comply with the terms of any disciplinary sanction imposed in accordance with the Student Standards of Conduct

2.C.12        Forging, using, or altering any college document, record, or ID without authorization. 

2.D      Drug and alcohol usage

The college supports an alcohol-free and drug-free environment.  The following are violations:

·         Being under the influence of alcohol or any illegal drug or controlled substance on college premises or at college-sponsored events

·         The possession, use, consumption, sale, or distribution of alcohol and illegal controlled substances on college premises or at college-sponsored events, other than as specifically approved by the President. 

2.E      Illegal acts

Students have the responsibility to adhere to all local ordinances as well as state and federal laws while on college premises or at college-sponsored events.  Illegal acts include, but are not limited to, the following:

2.E.01        Possession or use of firearms or other weapons (and facsimiles thereof) on ACC-controlled property, except for educational purposes with prior written approval of the campus manager or the campus police

2.E.02        Gambling

2.E.03        Unlawful possession, use, and/or distribution of narcotics or any controlled substance

2.E.04        Theft of property

2.E.05        Sexual abuse including, but not limited to, sexual harassment, coercion, threats, or use of force

2.E.06        Assault, attempted assault, terrorist threats, or stalking

2.E.07        Hazing, including, but not limited to, any action or situation, which intentionally or recklessly endangers the mental or physical health or safety of a student for the purpose of initiation or admission into any organization operating under the sanction of the Austin Community College District

2.E.08        Harassment. The college is committed to protecting the rights and dignity of its students and will not tolerate harassment. Harassment is defined as verbal or written expression or physical conduct that:

·         Is severe, pervasive, or persistent

·         Is directed at a specific person or group

·         Has the purpose or effect of creating a hostile environment

·         Is significantly detrimental to the person; and

·         Serves no legitimate purpose.  

2.F      Solicitation, sales, and canvassing

The college prohibits solicitation, sales, or canvassing (for any purpose) by students or non-students on college premises except with the written permission of the campus manager.  Similarly, no concessions for profit may be operated on college property without the written permission of the Student Life Office and/or the campus manager. 

3.       Disciplinary Actions/Due Process 

Violations of the Student Standards of Conduct refer to a student’s failure to meet his/her responsibilities.  Violations are subject to either General Disciplinary Action or Academic Integrity Disciplinary Action, depending on the nature of the allegations.  A student’s official address throughout either disciplinary process described herein will be the address on file in the Admission and Records Office. 

4.       General Disciplinary Action 

4.A      Procedure

Violations of the Student Standards of Conduct, except academic integrity, are investigated by the dean of student services and by the Student Support and Success Systems Division, specifically.  A Student Discipline form or an incident report detailing alleged violations of the Student Standards of Conduct by an ACC student will need to be completed. The general disciplinary procedure is:

4.A.01        The alleged violation is reported using a Student Discipline form or Police Incident Report to the appropriate dean of student services.  Alleged violations occurring at ACC centers are reported to the center coordinator, while off-campus and Distance Learning incidents are reported to the vice president of Student Support and Success Systems.  In all cases, the reports are forwarded to the appropriate dean of student services or a designee.

4.A.02        The dean of student services will convene a conference, characterized by active listening, with the complainant and the implicated student to understand the nature of the alleged violation and to determine the merits of informal versus formal disciplinary processes. It is helpful for the dean of student services and the student to discuss the circumstances and issues of the alleged violation and to identify possible resolutions.

4.A.03        After completing the preliminary investigation, the dean of student services may (a) dismiss the allegation or (b) summon the student for a formal conference at which time the student shall be informed of the charges against him/her and have the opportunity to refute the charges and to present data to support his/her version of the facts.

4.A.04        If the dean of student services determines that the matter is best resolved in an informal manner, the dean of student services will refer the involved persons in whatever ways are helpful, including mediation.

4.A.05        At any point in time, and depending on the severity of the alleged misconduct, a student may be temporarily suspended pending completion of disciplinary proceedings, criminal proceedings, or a psychological/medical evaluation.

4.A.06        If it is determined that the matter requires a formal disciplinary process, the dean of student services will investigate the alleged violation, confer with the student accused of the violation, and issue a ruling.

4.A.07        The dean of student service’s ruling regarding responsibility and any consequent sanctions will be communicated in writing to the student within 15 business days following completion of the investigation.

4.A.08        Students may request, in writing to the dean of student services, within five business days following notification by the dean of student service’s ruling, a review of the case before a Judiciary Review Panel (See Judiciary Review Panel hearings section).

4.A.09        Within 10 business days following notification of the student’s request, a dean of student services, unconnected with the case, will notify the student of the hearing to be convened.

4.A.10        The Judiciary Review Panel will convene to review the case within 15 business days following notification of the student. Judiciary Review Panel hearings are closed to the public, except for members of the student’s family and any advocate appointed by the student.  The student and advocate may confer privately during the hearing; however, only the student is permitted to address the panel.  The student must respond to all inquiries from the panel.

4.A.11        The decision of the Judiciary Review Panel to affirm, modify, or dismiss the dean of student service’s ruling will be communicated by the chair of the Judiciary Review Panel. The decision will be sent by certified mail to the student within 10 business days following the hearing.

4.A.12        Students may appeal the Judiciary Review Panel’s ruling to the vice president of Student Support and Success Systems. Appeals must be made in writing within 10 business days following notification of the Judiciary Review Panel’s decision.

4.A.13        The vice president of Student Support and Success Systems or a designee will review the Judiciary Review Panel’s decision within 15 business days following the appeal.  The student may submit written statements when requesting an appeal. No additional testimony or other evidence will be permitted.  The vice president’s decision to affirm, modify, or dismiss the Judiciary Review Panel’s ruling is final. 

4.B      Mediation

Informal or formal mediation is encouraged as an alternative means to resolve problems or disputes.  The dean of student services will inform complainants and accused students in writing about the availability of mediation resources.  In non-academic cases, the dean of student services may require that the parties make a reasonable attempt to achieve a mediated agreement before beginning a Student Discipline Report investigation.  To be binding in a disciplinary case, the agreement must be approved by the dean of student services. Information on mediation at ACC is found on the Human Resources website. 

4.C      Sanctions

The dean of student services has the authority to issue sanction(s) including, but not limited to, the following:

·         Written reprimand

·         Community service

·         Loss of privileges/access

·         Removal from course

·         Conditions placed on future enrollment

·         Medical or psychological evaluation and follow-up

·         Restitution to the college

·         Disciplinary probation

·         Disciplinary suspension

·         Expulsion

·         Denial or revocation of degree

·         Referral for legal prosecution as appropriate 

4.D      Hold on student records

In pending cases that could result in disciplinary action, the dean of student services may place a hold on the student’s records and notify the student in writing. 

4.E      Cases involving criminal charges

Students may be accountable both to local, state, or federal authorities and to the college for acts that violate the law and the Student Standards of Conduct.  The college’s disciplinary process will proceed without regard to criminal proceedings and their outcome. 

4.F      Disciplinary records

Disciplinary records can be shared with college officials having a legitimate educational interest in a specific disciplinary case.  These records will be maintained in accordance with the Texas Records Retention Laws.  Except in cases of legally sanctioned requests, student records may be disclosed outside the college only with signed consent from the student. 

4.G     Interim Suspension

At any point during disciplinary proceedings, the dean of student services may choose to notify the student that his/her right to be present on campus has been suspended.  Interim suspension may be exercised to ensure the physical or emotional safety and well-being of the student and others and to prevent the student from engaging in any disruptive or destructive activity on property owned or controlled by the college or at any college-sponsored activity.  The investigating official may suspend a student for up to 10 days pending disciplinary proceedings, criminal proceedings, or psychological/medical evaluation.  The interim suspension will become effective immediately.

4.G.01        Right to a meeting:  A student issued an interim suspension will be given prompt opportunity to meet with the dean of student services.  The conference is limited to discussion about: the reliability of the information concerning the student’s conduct; and whether the conduct and surrounding circumstances reasonably indicate that the student’s presence poses a substantial and immediate threat to himself or herself or to others or  to the stability and continuance of normal college functions.

4.G.02        Justifying the interim suspension:  The dean of student service’s disciplinary ruling must include justification for the interim suspension.  The student will be allowed to return to class following the ruling unless it is determined there is a continued threat.

4.G.03        Appealing an interim suspension:  The student may appeal the interim suspension to the vice president of Student Support and Success Systems.  The vice president will choose to affirm or rescind the interim suspension.  He/she may also determine that the interim suspension constitutes the end of the disciplinary process.  If the student does not appeal the interim suspension, or if the vice president of Student Support and Success Systems upholds the interim suspension, the dean of student services will proceed with an investigation. 

4.H     Hearing

A Judiciary Review Panel is convened when a student appeals the ruling of the dean of students or designee.  A Judiciary Review Panel is composed of three or five members appointed by the vice president of Student Support and Success Systems or a designee:

·         Academic or workforce dean, who serves as Judiciary Review Panel chair

·         Faculty member

·         Counselor

·         Two Student Government Association members (optional only if requested)

Hearing panel members cannot be involved with nor have direct knowledge of the case or the accused.  A dean of student services who is unconnected with the case will be appointed by the vice president of Student Support and Success Systems to assist the Judiciary Review Panel.               

4.H.01        Student notification:  The dean of student services who is unconnected to the case will notify the student in writing of the panel hearing date.  The notification should:

                    a.     Direct the student to appear at the date, time, and place specified in the letter

                    b.     State the charges against the student

c.     Inform the student that college counsel may be present at the hearing.  Counsel will not speak at hearing.

d.     State that the parties shall exchange lists of witnesses and copies of documentary evidence to be used at the hearing at least three business days before the hearing

e.     Advise the student of the right to:

·         A private hearing

·         Appear alone or with an advocate; at that time, the student must inform the college if they will be acting alone or with an advocate.  Counsel for either party may not speak at the hearing.

·         Know the identity of each witness who will testify, unless there is reason to believe that disclosure would endanger the health and safety of the witness

·         Call witnesses

·         Offer evidence

·         Testify on his/her behalf

·         Audio-record the hearing

·         Appeal the decision

4.H.02        Failure to appear:  A student’s failure to appear will not interfere with a Judiciary Review Panel hearing.  The hearing will proceed as scheduled even if the student fails to appear.

4.H.03        What to expect at a hearing:  Judiciary Review Panel hearings are closed to the public.  The Judiciary Review Panel chair will provide reasonable opportunities for witnesses to be heard.  Witnesses will be asked to affirm that their testimony is truthful and may be charged with Student Standards of Conduct violations if it is found that they intentionally provided false information to the college.  The chair may eject any person who becomes disruptive during the hearing, including the student.

4.H.04        Hearing format:  Judiciary Review Panel hearings, which are informal in nature, adhere to the following format:

·         Introduction of student and panel members

·         Review of alleged violation and the pending resolution

·         Student testimony

·         Questions from the panel

·         Witness testimony

·         Student rebuttal (if any)

·         Panel deliberations (the student is excused)

4.H.05        Witnesses:  Prospective witnesses, other than the complainant and the accused student, will be excluded from the hearing during the testimony of other witnesses.  Only the Judiciary Review Panel shall be present at its deliberations after the panel hearing concludes.  The panel deliberations shall not be recorded or transcribed.

4.H.06        Records of the hearing:  The college will make an audiotape recording (or use assistive technology, if needed) of the panel hearing.  The student will be given a copy of the audiotape, if requested. 

5.       Academic Dishonesty Disciplinary Action 

5.A      Procedure

 ACC students, faculty, and staff are expected to adhere to the highest standards of academic integrity.  Cases of suspected academic dishonesty should be reported to the instructor of record and/or the assigned dean of student services.  The academic integrity disciplinary procedure regarding issues that affect a grade, is:

5.A.01        When a faculty member suspects or receives a report of a violation of academic integrity, the first step is to meet with the student(s) in private to discuss the allegation(s) and review the supporting evidence.

5.A.02        In consultation with the department chair, the faculty member may resolve the matter by:

·         Dismissing the allegation;

·         Assessing an academic penalty (not a disciplinary penalty); and/or

·         Recommending further disciplinary action to the dean of student services.

5.A.03        Within five business days of the initial meeting, the faculty member assesses an academic penalty and communicates, in writing, the resolution to the student, with a copy to the dean of student services, department chair, and dean of the instructional division.

5.A.04        Multiple offenses involving academic dishonesty will be investigated according to the procedure beginning with Section 4.A.06.

5.A.05        Records of Scholastic Dishonesty - Academic dishonesty records can be shared with college officials having a legitimate educational interest in a specific academic dishonesty case. These records will be maintained in accordance with the Texas Records Retention Laws. Except in cases of legally sanctioned requests, student records may be disclosed outside the college only with signed consent from the student. 

5.B      Appeals

Students are encouraged to meet with an ACC counselor to explore options before preparing an appeal.  The student may appeal an academic dishonesty penalty by submitting a written request, with relevant supporting documentation, for a formal review to the instructional department chair within five days of being notified of the instructor’s decision.  The department chair will forward the student’s request to the dean of the instructional division that oversees that department.  

5.C      Hearing

The instructional dean shall appoint an Academic Integrity Review Panel to review the academic penalty within 15 business days following notification of the appeal.

5.C.01        Panel composition:  Academic Integrity Review Panels are composed of five people, as indicated:

·         Instructional dean

·         Dean of student services

·         Two faculty members (one adjunct and one full-time preferred) including one from outside the instructional area

·         Student Government Association member

5.C.02        Hearing format:  The Academic Integrity Review Panel will meet in a closed session.  The instructor of record and the student will have an opportunity to present their cases. Only panel members will be present during panel deliberations.  The instructional dean will explain the panel’s decision in writing to the student, the student’s instructor, and the department chair.  The panel’s decision is final. If the decision requires a grade change, the instructional dean will initiate the required paperwork.  

^*May not be the instructor of record or the counselor involved in the case.